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Criminal Law Keyed to Osler
United States v. Brown
Citation:635 Fed. Appx. 574 (11th Cir. 2015)
Defendant called his friend Lamel Lattimore over, borrowed a firearm from another friend, and then met up with Nathan Holmes, a person he had allegedly committed other robberies with. They drove to a Chevron station to commit an armed robbery, but were unsuccessful when the employee called the police causing them to leave without any money. They then drove to a Wendy’s restaurant and rob that store. Brown pointed the firearm at the cashier and told him to give him the money in the register. Brown and Holmes ran out of the store and into the care Lattimore was driving.
An officer saw the car drive away from the store as the call was coming in for the robbery. He then pulled it over an ordered everyone out with their hands up. Lattimore and Holmes complied but Brown fled with the backpack of money. He was eventually apprehended with the use of a taser.
At trial, defendant argued he was insane as a defense. He put forth evidence that he participated in the crime but that he was not mentally sane. The government presented 10 witnesses including Lattimore and Holmes who stated that he was sane at the time of the incidents. Defendant presented 6 different witnesses to establish his insanity. There were two expert witnesses, one for each side and each advocating a different position. Defendant was ultimately convicted.
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